How do I get a wage garnishment released if I now live in a state that does not allow them?

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How do I get a wage garnishment released if I now live in a state that does not allow them?

I have a default judgement and a wage garnishment that started in OK. I have since moved to TX which does not allow wage garnishment. I contacted my payroll department and they said they need a cease and desist from the court. I contacted the Court Clerk and they said they don’t do that. I contacted a law firm and they said if I am in TX then something has to come from my employer. Round and round. Where do I go to get this stopped?

Asked on April 29, 2011 under Bankruptcy Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There is also something that is called Full Faith and Credit.  The Court Clerk can't help you because he or she is not an attorney. The Texas court has to hear your matter and decide if it can and is required to give Full Faith and Credit to the Oklahoma decision and wage garnishment and allow your employer to continue garnishing your wages. It will take into consideration whether you moved to a state that disallows solely to escape liability. Courts have to follow the Full Faith and Credit Clause in most every situation except I believe in the marriage issue. In any case, you should consider first talking to a lawyer in Oklahoma about the issue of interstate matters and the Full Faith and Credit Clause.


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